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20 Cards in this Set

  • Front
  • Back
Duration of fee simple determinable ANd

fee simple subject to condition subsequent
become fee simple if contingency doesn't occur within 30 years from date teh defeasible fee becomes possessory
When does usrap apply
1. interests created before 6/30/90
(a) court reform interest to approximate creator's will and keep within perpetuities limit

2. interests created after 6/30/90
(a) alternate 90 year vesting period. Okay if actually vests or interest terminates within 90 years ov creation
(b) if interest invalid, court may reform in manner most closely approximating creator's will
reqs for creation of

1. tenancy by entirety

2. joint tenancy
express statement that tenancy by entirety being created

Creation of joint tenancy requires express langauge of right of survivorship

Conveyance to h and w without any express language creates tenancy in common
w in tenancy by entirety encumbers her interst and dies. What does h get?
total property free of encumbrances
periodic tenancies in MA
Called tenancies at will

An oral lease creates a tenancy at will. (SOF prevents creation of term of years)
When tenant evicted by landlord self-help (without court order)
l liable for treble damages or three months rent

plus attys fees
provision in lease terminating tenancy if children will occupy
Void unless

1. three uintes or less and one occupied by elderly for whom kid would be hardship

2. owner occupied 2-unit

3. owner's principal place of residence except for temporary lease
When can tenants withhold rent?
1. commercial tenants can't when l breaches warranty of fitness or habitability

2. residential tenants can if:
(a) warranty of habitability breached
(b) notice to landlord of witholding and
(c) conditions may endanger or impair health or safeyt of tenants
unlawful activity in common areas
breaches warranty of quiet enjoyment

NOT warranty of habitability
When does presumption that eviction is retaliatory apply?
when eviction w/6 months of tenant complaint
valid withholding of rent
injuries in leased residence
landlord liable for unsafe conditions of which had written notice and didn't correct within reasonable time
right of owner of real estate abutting private way

to put utilities on and through way
valid if

1) recorded rights of ingress and egress

2. utilties don't unreasonably obstruct private way

3) doesn't interfere with existing use
Servitudes implied from common scheme
MS strictly applies sof provisions. Thus does not recognize the common scheme basis for implied servitudes
Limitations and continuous period for adverse possession
Uninterrupted open possessoin for 20 years

Continuity need is strictly interpreted. Any break is sufficient to render possession non-continuous.
When is wild or woodland adversely possessed
only when enclosed and reduced to cultivation

and meets other reqs
Who bears risk of loss prior to closing in sale of land?
party in possession of property
effect of recording a deed
conclusive evidence of delivery
deeds in ma
1. release deed
- no warranties

2. warranty deed
- six warranties

3. quitclaim deed
- warrant that seller didn't encumber or sell to anyone else
recording statute
notice jurisdiction
water doctrine in ma
riparian doctrine, giving reasonable use to riparian landowners

but great ponds are available for use by general public